Common use of EMPLOYEE ASSISTANCE AND DISCIPLINE Clause in Contracts

EMPLOYEE ASSISTANCE AND DISCIPLINE. A. An employee who tests positive for illegal, unauthorized use of controlled or prescription substances as outlined in Section V, or alcohol, shall be required to participate in the Employee Assistance Program, shall agree to remain free of drugs, if appropriate, and shall submit to a “Last Chance” agreement requiring drug or alcohol testing, as appropriate, upon return to duty. B. Employees who fail to complete the Employee Assistance Program as specified in (A) above, may be disciplined up to and including discharge. C. Employees whose drug, alcohol or prescription drug abuse is discovered by the City in some manner other than by the drug test outlined in this policy/article shall be treated as if he had tested positive under this policy. D. Notwithstanding any other provisions of this policy, where an employee engages in conduct which, given proof of his on-duty, intoxicated state, creates an unreasonable risk of harm to any person, that employee may be disciplined appropriately in addition to being referred to the Employee Assistance Program. It is agreed that discipline under this section may include discharge of the employee. E. Notwithstanding any other provision of this agreement, where an intoxicated employee violates the Rules and Regulations of the Department/City or any provision of the Collective Bargaining Agreement, that employee may be disciplined appropriately in addition to being referred to the Employee Assistance Program. “Appropriate Discipline” is defined as discipline of precisely the same severity that the employee would have received for his conduct while not intoxicated. F. The City shall have the option to conduct as many as four (4) random drug/alcohol tests on an employee who has completed the Employee Assistance Program in order to guarantee that the Program has been completed successfully. No such random test may be given more than one (1) year following the date of the employee’s completion of the Program. A positive test result under this provision shall have the same effect as a positive test result under Section VII(B). G. An employee shall have the right to avail himself of the Employee Assistance Program as often as needed for a variety of issues; however, an employee shall utilize a referred to rehabilitation program no more than once during the employee’s career in the Fire Department. An employee who tests positive after his right to utilize the Employee Assistance/Rehabilitation Program may be disciplined under the provisions of the Collective Bargaining Agreement.

EMPLOYEE ASSISTANCE AND DISCIPLINE. A. 1) An employee employee, who tests positive for illegal, unauthorized use of controlled or prescription substances as outlined in Section Vsubstances, or alcohol, shall be required to participate in evaluation and assessment by a certified substance abuse professional (SAP), who is supervised by a licensed physician. Employees who successfully complete the Employee Assistance Program, program to the satisfaction of the SAP and supervising physician shall agree to remain free of drugs, if appropriate, and shall submit to a “Last Chance” agreement requiring not be disciplined for their drug or alcohol testing, as appropriate, upon return to dutyuse. B. 2) Employees who fail to complete the Employee Assistance Program substance abuse treatment program as specified in (Aa) above, may be disciplined up terminated for what shall be deemed “just cause”. Should this occur, the Union and employee hereby waive their right to grieve said discipline under the usual provisions of the collective bargaining agreement, except that the employee or the Union may pursue a grievance on the sole and including dischargeexclusive basis of a claim that the employee did not commit the violation as charged. The Union and employee specifically waive their right to file any other grievance relating to said discipline on any other basis, included, but not limited to any excuse the employee might proffer for committing the violation as charged or the severity of the discharge as appropriate discipline. C. Employees whose drug, alcohol or prescription drug abuse is discovered by the City in some manner 3) Notwithstanding any other than by the drug test outlined in provision of this policy/article shall be treated as if he had tested positive under this policy. D. Notwithstanding any other provisions of this policyarticle, where an employee engages in conduct which, given proof of his his/her on-duty, intoxicated state, creates an unreasonable risk of harm to any person, person that employee may be disciplined appropriately up to and including discharge in addition to being referred to the Employee Assistance Program. It is agreed that discipline under this section may include discharge of the employeea substance abuse professional (SAP). E. 4) Notwithstanding any other provision of this agreementAgreement, where an intoxicated employee violates the Rules and Regulations of the Department/City Department or any provision of the Collective Bargaining Agreement, that employee may be disciplined appropriately in addition to being referred to the Employee Assistance Programa substance abuse professional (SAP). “"Appropriate Discipline” discipline" is defined as discipline of precisely the same severity that the employee would have received for his his/her conduct while not intoxicated. F. 5) The City shall have the option to conduct as many as four (4) random drug/drug and/or alcohol tests on an employee who has completed the Employee Assistance Program been required to enter a substance abuse treatment program due to a positive drug and/or alcohol test, in order to guarantee that the Program program has been completed successfully. No such random test may be given more than one (1) year following the date of the employee’s 's completion of the Programprogram. A positive test drug and/or alcohol test, or refusal to test, during that time will result in an automatic thirty (30) calendar day disciplinary suspension without pay and the employee shall be required to re-enter a substance abuse treatment program under this provision shall have the same effect conditions as outlined in this paragraph. Should this occur, the Union and employee hereby waive their right to grieve said discipline under the usual provisions of the collective bargaining agreement, except that the employee or the Union may pursue a positive test result under Section VII(B)grievance on the sole and exclusive basis of a claim that the employee did not commit the violation as charged. The Union and employee specifically waive their right to file any other grievance relating to said discipline on any other basis, included, but not limited to any excuse the employee might proffer for committing the violation as charged or the severity of the suspension and mandatory treatment as appropriate discipline. G. An a. After completion of a thirty (30) day disciplinary suspension and after re- entry into a substance abuse treatment program under the same conditions as outlined in this paragraph, the employee shall again submit to four (4) random drug and/or alcohol tests for one (1) year following the date of his completion of the treatment program under the drug and alcohol testing procedures outlined in this article. 6) Nothing in this section will preclude an employee from voluntarily re-entering a substance abuse treatment program. Any employee shall have the right to avail himself voluntarily enter a substance abuse treatment program during their employment. In all cases of voluntary treatment, Section 1(a) and (b) will be utilized. 7) Under the Employee Assistance Program as often as needed for a variety of issues; howeverReasonable Suspicion standards outlined in this article, an employee shall utilize a referred to rehabilitation program no more than once during the employee’s career in the Fire Department. An employee who that tests positive after his for drugs and/or alcohol within a three year period of completing a required referral to a substance abuse treatment program may be terminated for what shall be deemed “just cause”. Should this occur, the Union and employee hereby waive their right to utilize the Employee Assistance/Rehabilitation Program may be disciplined grieve said discipline under the usual provisions of the Collective Bargaining Agreementcollective bargaining agreement, except that the employee or the Union may pursue a grievance on the sole and exclusive basis of a claim that the employee did not commit the violation as charged. The Union and employee specifically waive their right to file any other grievance relating to said discipline on any other basis, included, but not limited to any excuse the employee might proffer for committing the violation as charged or the severity of the discharge as appropriate discipline.

EMPLOYEE ASSISTANCE AND DISCIPLINE. A. An employee who tests positive for illegal, unauthorized use of controlled or prescription substances as outlined in Section V, or alcohol, shall be required to participate in the Employee Assistance Program, shall agree to remain free of drugs, if appropriate, and shall submit to a “Last Chance” agreement requiring drug or alcohol testing, as appropriate, upon return to duty. B. . Employees who fail to complete the Employee Assistance Program as specified in (A) above, may be disciplined up to and including discharge. C. . Employees whose drug, alcohol or prescription drug abuse is discovered by the City in some manner other than by the drug test outlined in this policy/article shall be treated as if he had tested positive under this policy. D. . Notwithstanding any other provisions of this policy, where an employee engages in conduct which, given proof of his on-dutyonduty, intoxicated state, creates an unreasonable risk of harm to any person, that employee may be disciplined appropriately in addition to being referred to the Employee Assistance Program. It is agreed that discipline under this section may include discharge of the employee. E. . Notwithstanding any other provision of this agreement, where an intoxicated employee violates the Rules and Regulations of the Department/City or any provision of the Collective Bargaining Agreement, that employee may be disciplined appropriately in addition to being referred to the Employee Assistance Program. “Appropriate Discipline” is defined as discipline of precisely the same severity that the employee would have received for his conduct while not intoxicated. F. . The City shall have the option to conduct as many as four (4) random drug/alcohol tests on an employee who has completed the Employee Assistance Program in order to guarantee that the Program has been completed successfully. No such random test may be given more than one (1) year following the date of the employee’s completion of the Program. A positive test result under this provision shall have the same effect as a positive test result under Section VII(B). G. An employee shall have the right to avail himself of the Employee Assistance Program as often as needed for a variety of issues; however, an employee shall utilize a referred to rehabilitation program no more than once during the employee’s career in the Fire Department. An employee who tests positive after his right to utilize the Employee Assistance/Rehabilitation Program may be disciplined under the provisions of the Collective Bargaining Agreement.one